Municipal Code
CHAPTER 1264 Nonconformities
EDITOR'S NOTE: This chapter, previously titled
"Nonconforming Uses and Buildings", was repealed and
re-enacted in its entirety by Ordinance 97-45, passed
March 17, 1997.
1264.01 Statement of intent.
1264.02 Nonconforming lots.
1264.03 Nonconforming uses of land.
1264.04 Nonconforming structures.
1264.05 Nonconforming uses of structures and land.
1264.06 Alterations, repairs and maintenance.
1264.07 Special exceptions as conforming uses.
1264.08 Village removal of nonconforming uses and
structures.
1264.09 Change in tenancy or ownership.
1264.10 Unlawful nonconformities.
1264.11 Records of nonconforming uses and structures.
CROSS REFERENCES
Regulation of land development and the uses of land and
structures by local authorities - see M.C.L.A. 125.3201
Authority to zone - see M.C.L.A. 125.3202
Uses of land or structures not conforming to ordinances;
powers of legislative bodies; acquisition of property -
see M.C.L.A. 125.3208
Certificates of occupancy - see P. & Z. 1242.04
Wireless telecommunication facilities as nonconforming
structures -
see P. & Z. 1265.04(e)
Supplementary regulations - see P. & Z. Ch. 1268
1264.01 STATEMENT OF INTENT.
Nonconformities are uses, structures, buildings, or lots
which do not conform to one or more provisions or
requirements of this Zoning Code or a subsequent
amendment hereto, but were lawfully established before
the time of adoption of this Zoning Code or such
amendment. Such nonconformities are declared to be
incompatible with the current or intended use of land in
the district in which they are located.
It is the intent of this chapter to permit these
nonconformities to continue until they are removed, but
not to encourage their survival. It is further the
intent of this chapter that nonconformities shall not be
enlarged upon, expanded or extended, nor be used as the
basis to justify adding other structures or uses
prohibited elsewhere in the same district.
Accordingly, the purpose of this chapter is to establish
regulations that govern the completion, restoration,
reconstruction, extension, or substitution of
nonconformities, and to specify the circumstances and
conditions under which nonconformities shall be
permitted to continue.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in plans, construction, or
the designated use of any building on which actual
construction was lawfully initiated prior to the
effective date of adoption or amendment of this Zoning
Code and where actual construction is ongoing. "Actual
construction" is hereby defined to include the
positioning and placement of construction materials in
permanent positions and their fastening in a permanent
manner. If demolition or removal of an existing building
in compliance with Chapter 1460 of these Codified
Ordinances has been substantially initiated preparatory
to rebuilding, such work shall be deemed to be actual
construction, provided that such work shall be
diligently performed until completion of the building
involved.
(Ord. 97-45. Passed 3-17-97.)
1264.02 NONCONFORMING LOTS.
A nonconforming lot is a lot of record existing at the
effective date of this Zoning Code that does not meet
the minimum area or lot dimensional requirements of the
district in which the lot is located. The following
regulations shall apply to any nonconforming lot:
(a) Use of Nonconforming Lot. Any nonconforming lot
shall be used only for a use permitted in the district
in which it is located.
(b) Single-Family Dwellings. In any district in which
single family dwellings are permitted, notwithstanding
limitations imposed by other provisions of this Zoning
Code, a single family dwelling and customary accessory
buildings may be erected on a single lot of record
existing at the effective date of adoption of this
Zoning Code or an amendment hereto. This provision shall
apply even though such single family lot fails to meet
the requirements for area or width, or both, that are
generally applicable in the district, provided that:
(1) The lot is in conformance with all other applicable
yard and lot requirements for the district in which it
is located.
(2) The lot cannot be reasonably developed for a single
family dwelling without such deviations.
(3) The lot can be developed as proposed without any
significant adverse impact on surrounding properties or
the public health and safety.
(c) Variation From Area or Bulk Requirements. If the use
of a nonconforming lot requires a variation from the
bulk or setback requirements, then such use shall be
permitted only if a variance is granted by the Board of
Zoning Appeals.
(d) Contiguous Lots Under Common Ownership. When two or
more contiguous lots are under common ownership and at
least one of the lots is nonconforming at the time of
adoption or subsequent to adoption of this provision,
then the nonconforming lot or lots shall be considered
to be combined with one or more of the other contiguous
lots as necessary to eliminate, or reduce, the
nonconformity. The combined lots shall be considered a
single lot for purposes of compliance with the remaining
provisions of this section, including for purposes of
compliance with the lot area and lot width requirements.
The combined lots shall not be used, occupied or sold in
such a way as to diminish compliance with the provisions
of this ordinance. The combined lots shall not be
divided except in full compliance with the requirements
of the subdivision regulations of Chapter 1255 herein
and with the Michigan Land Division Act. This provision
shall not apply to contiguous lots in single ownership
where each of the lots is occupied by a dwelling
existing at the time of adoption of this paragraph. The
Zoning Board of Appeals shall not grant a variance to
the requirements of this provision. (Ord. 97-45. Passed
3-17-97. Ord. 2004-02. Passed 1-12-04.)
1264.03 NONCONFORMING USES OF LAND.
A nonconforming use of land occurs when property is used
for a purpose or in a manner inconsistent with the use
regulations applicable to the district in which the
property is located.
Where, on the effective date of this Zoning Code, or the
effective date of an amendment hereto, a lawful use of
land exists that is made no longer permissible under the
terms of this Zoning Code, as enacted or amended, such
use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
(a) Expansion of Use. No such nonconforming use shall be
enlarged or increased, nor extended to occupy a greater
area of land than was occupied at the effective date of
adoption or amendment of this Zoning Code.
(b) Moving. No such nonconforming use shall be moved in
whole or in part to any other portion of the lot or
parcel occupied by such use at the effective date of
adoption or amendment of this Zoning Code.
(c) Discontinuation of Use. If such nonconforming use of
land ceases for any reason for a period of more than
ninety days, any subsequent use of such land shall
conform to the regulations specified by this Zoning Code
for the district in which such land is located. In
applying this subsection to seasonal uses, the time
during the off season shall not be counted, provided
that the off season time for such uses is reported to
the Village.
(Ord. 97-45. Passed 3-17-97.)
1264.04 NONCONFORMING STRUCTURES.
A nonconforming structure exists when the height, size,
minimum floor area, or lot coverage of a structure, or
the relationship between an existing building and other
buildings or lot lines, does not conform to the
regulations applicable to the district in which the
property is located.
Where a lawful structure exists on the effective date of
adoption or amendment of this Zoning Code that could not
be built under the terms of this Zoning Code, such
structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
(a) Expansion of Structure. No such structure may be
enlarged or altered in a way which increases its
nonconformity. Such structure may be enlarged or altered
in a way which does not increase nonconformity.
(b) Damage to Structure. Should such structure be
destroyed by any means to an extent of more than fifty
percent of its estimated cash value, it shall be
reconstructed only in conformity with the provisions of
this Zoning Code. The estimated cash value shall be
equal to the result of multiplying the state equalized
valuation recorded in the tax roll by a factor of two.
(c) Moving. Should such structure be moved for any
reason for any distance whatsoever, it shall thereafter
conform to the regulations for the district in which it
is relocated after it is moved. (Ord. 97-45. Passed
3-17-97.)
1264.05 NONCONFORMING USES OF STRUCTURES AND LAND.
If a lawful use of a structure, or of a structure and
land in combination, exists on the effective date of
adoption or amendment of this Zoning Code that would not
be permitted in the district under the terms of this
Zoning Code, the lawful use may be continued so long as
it remains otherwise lawful, subject to the following
provisions:
(a) Expansion of Structure. No existing structure
devoted to a use not permitted by this Zoning Code in
the district in which it is located shall be enlarged
extended, constructed, reconstructed, moved or
structurally altered except in changing the use of the
structure to a use permitted in the district in which it
is located.
(b) Expansion of Use. Any nonconforming use may be
extended throughout any parts of a building which were
manifestly arranged or designed for such use, and which
existed at the time of adoption or amendment of this
Zoning Code, but no such use shall be extended to occupy
any land outside such building.
(c) Change to Another Nonconforming Use. If no
structural alterations are made, any nonconforming use
of a structure, or a structure and premises, may be
changed to another nonconforming use, provided that the
Board of Zoning Appeals, either by general rule or by
making findings in the specific case, shall find that
the proposed use is equally appropriate or more
appropriate to the district than the existing
nonconforming use. In permitting such change, the Board
may require appropriate conditions and safeguards in
accordance with the purpose and intent of this Zoning
Code.Where a nonconforming use of a structure, or a
structure and land, is hereafter changed to a more
conforming use, it shall not thereafter be changed to a
less conforming use, nor shall the Board of Zoning
Appeals grant a variance from this subsection.
(d) Change to Permitted Use. Any structure, or a
structure and land in combination, in or upon which a
nonconforming use is superseded by a permitted use,
shall thereafter conform to the regulations for the
district in which it is located, and the nonconforming
use may not thereafter be resumed.
(e) Discontinuation of Uses. If a nonconforming use of a
structure, or a structure and land in combination,
ceases for any reason for a period of six months, the
structure, or the structure and land in combination,
shall not thereafter be used except in conformance with
the regulations of the district in which it is located.
In applying this subsection to seasonal uses, the time
off season shall not be counted, provided that the off
season time for such uses is reported to the Village.
(f) Moving. No building in which a nonconforming use
exists shall be moved to any other part of the lot or
parcel upon which it was located on the effective date
of the adoption or amendment of this Zoning Code.
(g) Removal of Structure. Where a nonconforming use
status applied to a structure and premises in
combination, the removal or destruction of the structure
shall eliminate the nonconforming status of the land.
(Ord. 97-45. Passed 3-17-97.)
1264.06 ALTERATIONS, REPAIRS AND MAINTENANCE.
(a) Repairs and Maintenance. On any building devoted in
whole or in part to any nonconforming use, work may be
done in any period of twelve consecutive months on
ordinary repairs or on repair or replacement of non
loadbearing walls, fixtures, wiring or plumbing to an
extent not exceeding 100 percent of the assessed value
of the building as determined by the Assessor, provided
that the cubic content of the building as it existed at
the time of passage or amendment of this Zoning Code
shall not be increased.
(b) Alterations That Decrease Nonconformity. Any
nonconforming structure or any structure or portion
thereof containing a nonconforming use may be altered if
such alterations serve to decrease the nonconforming
nature of the structure or use. The Board of Zoning
Appeals shall determine if a proposed alteration will
decrease the nonconforming nature of the structure or
use.
(c) Protecting Public Safety. Repairs or maintenance
deemed by the Building Official as necessary to keep a
nonconforming building structurally safe and sound are
permitted. However, if a nonconforming structure or a
structure containing a nonconforming use becomes
physically unsafe or unlawful due to lack of maintenance
and repairs and is declared as such by the Building
Official, it shall not thereafter be restored, repaired,
or rebuilt except in full conformity with the
regulations in the district in which is located.
(Ord. 97-45. Passed 3-17-97.)
1264.07 SPECIAL EXCEPTIONS AS CONFORMING USES.
Any use for which a special exception is permitted as
provided in this Zoning Code shall not be deemed a
nonconforming use, but shall, without further action, be
deemed a conforming use in the district in which it is
located.
(Ord. 97-45. Passed 3-17-97.)
1264.08 VILLAGE REMOVAL OF NONCONFORMING USES AND
STRUCTURES.
In order to accomplish the elimination of nonconforming
uses and structures which constitute a nuisance or are
detrimental to the public health, safety and welfare,
the Village, pursuant to Section 208 of Act 110 of the
Public Acts of 2006, as amended, may acquire by
purchase, condemnation or otherwise, private property
for the purpose of removal of the nonconformity.
(Ord. 97-45. Passed 3-17-97; Ord. 2006-03. Passed
11-13-06.)
1264.09 CHANGE IN TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership or
management of any existing nonconforming uses of land,
structures and premises, provided there is no change in
the nature or character of such nonconforming uses,
except in conformity with the provisions of this
chapter.
(Ord. 97-45. Passed 3-17-97.)
1264.10 UNLAWFUL NONCONFORMITIES.
No nonconformity shall be permitted to continue in
existence if it was unlawful at the time it was
established.
(Ord. 97-45. Passed 3-17-97.)
1264.11 RECORDS OF NONCONFORMING USES AND STRUCTURES.
The Building Department shall maintain records of
nonconforming uses and structures as accurately as is
feasible, and for determining legal nonconforming uses
and structures in existence on the effective date of
this chapter. Failure on the part of a property owner to
provide the Village with necessary information to
determine legal nonconforming status may result in
denial of required or requested permits.
(Ord. 97-45. Passed 3-17-97.)
